No Boards Or Barricades: Delhi High Court Denies Bail As Youth Dies In 20-Ft Road Pit; Says 'Public Roads Can't Be Turned Into Death Traps'
The Delhi High Court has refused anticipatory bail to contractors accused in a case where a young man lost his life after falling into a 20-foot-deep pit dug on a public road without any caution boards, barricading, or safety measures, observing that “public roads can't be turned into death traps.”
Justice Swarana Kanta Sharma observed, “A lenient approach in the facts and circumstances of the present case would send an alarming message of indifference towards accountability of those who, prima facie, convert public roads into death traps, reduce human life to collateral damage of contractual work, and seek to evade responsibility thereafter…the precious lives of the general public cannot be left to the mercy of God while excavation work is carried out on busy roads without ensuring basic safety measures.”
The case arises from a fatal incident in the city's Janakpuri area, where the deceased allegedly fell into a deep excavation site that had been left open, with no warning sign or barricades.
An FIR was registered for offences including Sections 105 (culpable homicide not amounting to murder) Bharatiya Nyaya Sanhita, 2023.
Opposing the bail pleas, the prosecution submitted that the excavation work was undertaken in complete disregard of public safety norms and that there was unauthorised sub-contracting.
It was argued that the duty to ensure safety at the worksite was non-delegable, and criminal liability could not be avoided by blaming downstream contractors.
The accused contended that they were not directly present at the site at the time of the incident and sought protection from arrest.
Rejecting these submissions, the Court observed, “the unauthorised delegation of public work, by the contractor to a sub-contractor, does not absolve the responsibility of the applicants herein flowing from the original contract.”
The Court also rejected contractor's contention that it was undergoing insolvency proceedings at the time, holding that “While CIRP proceedings may deal with the financial distress of a company, they do not, in the facts of the present case, absolve the company or those responsible of their social and criminal liability.”
So far as the incident is concerned, the Court commented, “In the opinion of this Court, excavation of a pit as deep as 14 feet in the centre of a busy public road without adequate safeguards, in complete violation of the conditions of the work order, tender and permissions granted, reveals not only negligence but also knowledge of a high probability of human injury or death being caused, such as in the present case.”
The Court further “disturbed” to note that even after the accident, no medical assistance was arranged, the police was not informed, and no emergency response was sought, despite knowledge that the victim lay in the pit struggling for life.
What further shook its conscience was the apparent attempt by the applicants to shield themselves by hurriedly placing signage and barricades at the spot after the incident, and not helping the victim who had fallen in the pit.
“The reckless disregard for human life, as reflected from the material on record, suggests that for the accused persons, self-protection from the hands of the law was more important for them, than saving a human life,” the Court said.
It added, “If contractors engaged in public works on behalf of the State are permitted to escape the rigour of law without fear of consequences, it would endanger the lives of citizens at large. Courts, even while considering bail applications, cannot remain oblivious to their social duty and the impact their orders may have on societal conscience.”
As such, the Court dismissed the applications.
Appearance: Mr. Ajay Paul, Ms. Geetu Paul, Mr. Dayanand Sharma and Mr. Kamlesh Chandra Tripathi, Advocates for Petitioners; Mr. Naresh Kumar Chahar, APP for the State Ms. Neha Singh, Ms. Aastha Chaturvedi and Rahul Vats, Advocates for victim. Mr. Satender Dabas, Executive Engineer, Delhi Jal Board.
Case title: Himanshu Gupta v. State
Case no.: BAIL APPLN. 765/2026